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(영문) 서울고등법원 2016.02.04 2014나2032692
정산금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

(a) Notwithstanding any change in the amount of claims of each creditor financial institution as of a specific point of time due to, or new financial assistance (including RG), it means the settlement of profits and losses between creditor financial institutions according to the ratio of total possession of the amount of claims as of the date before the date of convening the first Council ( March 30, 2010);

o. (Amount of Claim for Settlement of Profit and Loss) Credit of creditor financial institutions as of the date before the date of the first meeting of the Council (Amount of Claim for Settlement of Profit and Loss) refers to:

o. (The ratio of the amount of claims with respect to the settlement of profits and losses) The ratio of the total amount of claims of all creditor financial institutions as of the date before the date of the first meeting of the Council to the ratio of the total amount of claims of the financial institutions

o (Amount of final claim after the settlement of profits and losses) The amount of claims calculated by multiplying the total amount of the final credit of all creditor financial institutions (the table Ⅲ below) by the ratio of the credit amount of each creditor financial institution's financial institution's profits and losses to the standard ratio of the amount of claims for the settlement of profits and losses (not more than the following table) at the

*The final balance after the settlement of profits and losses = the final balance of profits and losses = the amount of new funds - the recovered amount - the amount of the final credit after the settlement of profits and losses - the amount of the last credit after the settlement of profits and losses - (amount of the settlement of profits and losses) - the amount of the last credit after the settlement of profits and losses ....

1-2. The reference date for calculating the reference amount of the settlement of profits and losses, and the reference amount of the settlement of profits and losses o to calculate the ratio, shall be applied as of the date before the date of convening the Council

The scope of claims for the settlement of profits and losses shall be limited to the amount of credit extended under the Promotion Act and the relevant regulations, and shall be determined as follows in consideration of the characteristics of shipbuilding business and the settlement of profits and losses

- RG: A reserve amount (based on the balance of principal of RG) - Derivatives claims: A reserve agreement was concluded on the aggregate of the outstanding amounts incurred in relation to derivatives transactions as of the base date and the estimated losses of derivatives, the date of which has not yet arrived.

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